Factories Act:

 First introduced in 1881, Comprehensive version 1911, and amended 4 times

 Following recommendation of Rege Committee, the GOI enacted the factories Act 1948,
enforced 1 april 1949.
 Central legislation, implementation is left with states
 Child 14-15>, Adolescent 15-18, Adult 18 and above
 Factory: 10 or more workers employed and manufacturing process is carried out with
power. 20 without power.
 First Aid box pr 150 workers
 Ambulance rooms in 500 worker factory
 Canteens 250 workers, run on non profit basis by canteen committee
 Rest/Shelter room, Lunch Room for factories 150 workers where no canteens
 Creche if more than 30 women
 Labour welfare officers if workers more than 500
 48/week maximum working hours adult
 Max 9 hours a day with rest of Half hour after 5 hours
 Total period of work including rest is 10 ½
 Over time above 9 hours a day or 48 hrs a week, 2 times wages
 State Govt special rules: 10 hours of work or spread of 12 hours, 60 hours a week including
overtime
 Women worker 6 AM-7 PM, Children below 14 yrs not to be employed
 14-15 yrs child for 4 ½ hours
 Child cannot be employed between 10 PM-6 AM, Female child 8 AM-7 PM
 Annual Leave with wages: 1 day every 20 days adult, 15 days child. Wages to be paid before
leave. 240 attendance last year
 Max accumulation of leave 30 adult, 40 child
 12 weeks maternity leave
 1 lakh rupees and 2 years imprisonment or both.
 Overcrowding: 9.9 Cubic Metres
 Safety officers for 1000 workers

Employees State Insurance Act 1948

 Directive principles of state policy under part 4 of our constitution, in
particular, articles 41, 42 and 43
 ESIC scheme was initially launched on 2nd February 1952 at just two
industrial centers in the country namely Kanpur and Delhi with a total
coverage of about 1.20 lakh workers.
 The act does not apply to any member of Indian Naval, Military or Air
Forces.
 The ceiling limit Rs.21000 per month
 Chairman, vice chairman, <5 members by central govt, 1 member of
each state appointed by state govt., 1 person to reprent UT by central
 govt, 10 person representing employers by central govt., 10 persons
representing employees by central govt., 2 medical professional by
central govt., 3 MP (2 LS, 1 RS) elected, the Director-General of the
Corporation, ex-officio
 Term 4 yrs, can be re-elected.
 Section-8 standing committee, Chairman, 3 members of corporation appointed by central
govt, 3 members of corp. representing 3 states as stated by central govt, 3 members from
employers in corp., 3 from employees in corp., 1 from medical profession and 1 MP.
Director-general of corp. Term 2 years.
 Benefits cannot be combines, sickness and maternity at same time
 Punishment- 2 years, 5000 rupees. If again 5 yrs, 25000
 Employer contribution 1.75% of wage and employer 4.75%=6.5%
(exempted if wage less than 50, only employer has to contribute)
 2 contribution period 6 months each: 1st April-30 Sept, 1 Oct-31 March
 Contribution submission 21st day of following month
 Claim form- 09
 Sickness benefit-min 78 days contribution, 50% of wages, 91 days
between two benefit periods.
 Extended sickness benefit-cash benefit for prolonged sickness, 34
diseases(Annexure-A), 2 years employment, 156 days each in 4
preceding contribution periods, 40% more than sickness benefit rate.
Max duration 124/301 days, max upto 2 years.
 Maternity benefit- eligibility same as sickness benefit, full wages,
Sunday also.12 weeks beginning 6 weeks before birth. Miscarriage 6
weeks after it, others 4 weeks after it. Form 09&19. Medical bonus to
women if she doesn’t avail ESI service 2500.
 Disablement Benefit- daily benefit rate 100% of wage rate, Permanent
partial disablement the rate of benefit is proportionate to percentage of
loss of earning capacity. For Sundays also. Temp form 09, Permanent-
form 14.
 Dependents benefit- 70% of wages. Widow till her life or re-marriage,
Son or daughter till 25 years of age, 1st instalment in 3 months and then
regularly each month. Claim form 15 & 16
 Funeral Expenses- 10000 claim form 22
 Old age medical care @120 per annum
 Rajiv Gandhi sharamik kalyan yojna- to involuntary loss of employment
due to closure of factory, 50% of wages.
 Accident Book form 11, Accident report form 16 in 24 hrs, register of
employees form 6,
 Smart card aka Pahachan card valid throughout life.
 Section 35(5)a, 15% interest for delay in contribution.
 31-C 85(B), recover damage as: 0-2 months:5%, 2-4 months:10%, 4-6
months:15%, 6 or more:25%.
